Skip to main content
Randall J Holmgren

Randall Holmgren’s Answers

82 total


  • I believe my children have been named in their grandmothers trust. How can I get a copy of the trust?

    My husband, an attorney in IL , prepared his mothers trust. He passed away 4 years ago and his mother passed away in Dec 2013. I sent a certified letter to my brother in law (the trustee) requesting a copy of the trust. Must he provide a copy w...

    Randall’s Answer

    This is a common scenario -- that beneficiaries feel like they are being "shut out". Here are the best things you can do in order of cost. Contact the trustee again and politely request a copy of the trust. If that doesn't work, pay a small amount of money to a trust attorney to write a letter to the trustee and request a copy of the trust. If that doesn't work, ask the attorney about filing a legal claim against the trustee to get a copy of the trust. Good luck.

    See question 
  • What are the statute of limitations applicable to trust contests?

    For a contingent beneficiary of a irrevocable trust , what if any, statute of limitations apply to contest or question trust

    Randall’s Answer

    This isn't going to help you much. The answer varies from state to state. If you're inquiring about California, hopefully a CA attorney will respond to your question.

    See question 
  • I just found out that I will be receiving $1,900 a month until 2016 in an inheritance from my Father's estate.

    What do I need to do? I am on SSI. Will I still qualify for medicaid? Thank you for any advice you can give me.

    Randall’s Answer

    The $1900 per month income will affect any "need based" financial assistance you are receiving. Consult with the estate's Executor or the estate's Legal Counsel and see if (A) the Executor has the discretion to distribute now or later, (B) the Executor has the power to treat the $1,900 as a Special Needs distribution, or (C) whether your father's estate can be modified to convert your inheritance into "Special Needs" distributions. For example, every trust that I create for a client gives the Trustee the power to treat distributions to children as "Special Needs" distributions and, as such, the distributions do not interfere with need-based government financial assistance.

    See question 
  • Is it okay to give title company the entire trust document? Will the trust be recorded?

    Deceased uncle's home is in a trust. It is in escrow now. Title Company requests a copy of entire trust document. I have privacy concerns.

    Randall’s Answer

    Attorney Dawn Stark knows what she's talking about. Read her answer.

    See question 
  • Can the executor of an estate sell the property without consent of the other heirs?

    My oldest brother and I were named executors of the estate and he is now deceased, leaving me as the only executor. There are five living heirs and one of them does not want to sell. Can I sell the property as long as the money is divided equall...

    Randall’s Answer

    There are too many legal issues flying around n these facts to enable an intelligent response. Much of a good answer depends on the laws of the State where administration of the estate occurs. Was there a Will: When you speak of heirs, that implies there was no Will. You and your brother may have been "named" as executors of the estate, but were you court appointed. You will likely not be able to sell real property until the Will is probated or the heirs are court determined. Spend a few bucks and talk to a good probate lawyer where you live and you'll avoid a multitude of problems.

    See question 
  • How do I amend a trust to add another administrator

    My father and mother have a joint trust. My mom just passed and my father wants to included all the children as administrators to the trust, so as not to hurt any feelings. Currently there is one son not on and my father wants to add him. Isn't t...

    Randall’s Answer

    Yes, he can do it himself. It will help if he knows what he is doing, but he CAN do it himself. A few cautions. The Trust may not permit such amendments. Read it very carefully. If it permits such amendments, then consider the pros and cons of having multiple administrators (aka trustees). Not hurting feelings is not the only consideration. Ever heard of "too many cooks in the kitchen?" That can be a big problem for Trusts that have multiple administrators/trustees. Those are things I'd discuss with your father if I were his attorney. Good luck.

    See question 
  • When an irrevocable trust is settled do you have to share the trust agreement with all beneficiaries immediately afterwards?

    I know that my father settled a trust for myself and my two brothers. Does the law prevent us from receiving a copy of the trust agreement from my father's trustee today while he is still alive? Or do we not get a copy of the trust agreement until...

    Randall’s Answer

    I think the answer depends on two things: the law of your state and the working of the trust. If neither prevent you from seeing the trust now, the trustee should share it with you.

    See question 
  • Father passed away; mother still living. Is trust now irrevocable?

    I am wondering if my mother can eliminate beneficiaries from her trust now that my father cannot sign it anymore. He wanted everything split equally among his children and at the time of his death owned half of everything. There may have been te...

    Randall’s Answer

    Certain trusts are designed to prevent the surviving spouse from changing the beneficiaries that the other spouse (your father) had designated before his death. Can't provide a more specific answer for you without seeing how the trust was designed.

    See question 
  • Power of Attorney- Transferring title to real property in the event of incapacity.

    Fact scenario: If you are an agent under POA, and you need to sell real property titled in the principals name, you must first record the original POA with the county recorder before executing any deed's transferring title out of the principals n...

    Randall’s Answer

    If the County Recorder will not record the copy of the POA, then the only recourse is for the Agent to petition the appropriate court where the principal lives and seek to be appointed as the Principal's legal guardian and/or conservator -- for the reasons you've noted in your question.

    See question